Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.312 of 2024 Arising Out of PS. Case No.-171 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== Ashok Yadav Son of Bhola Yadav RESIDENT OF VILLAGE - GIDHOUR / PATSANDA(Yadav Tola) , P.S- laxmipur (Gidhour), dist- Jamui ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Parasar, Adv.

For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP For the Informant :

Mr.Satish Chandra Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2024 Heard learned counsel for the parties.

2.

Petitioner is apprehending his arrest in connection with Laxmipur (Gidhour) P.S. Case No.171 of 2023, registered for the offence punishable u/s 341, 323, 307, 324, 325, 504, 506/34 of the IPC.

3.

Allegation against the petitioner is that he along with other co-accused persons assaulted the informant's side with deadly weapons. It is alleged that petitioner has assaulted the informant with tangi on his head.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence in the manner as alleged has ever taken place. For the alleged occurrence, there is a case and

Patna High Court CR. MISC. No.312 of 2024(2) dt.06-02-2024 2/2 counter-case between the parties. Though the injury is said to be found grievous in nature but learned counsel for the petitioner has disputed the injury report and submitted that the Primary health Centre report is not enclosed with the final injury report. After four months, the injury report was produced by the Primary Health Centre, Gidhour, Jamui. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner and the injury of the injured was found grievous in nature. 6.

Considering the aforesaid facts and circumstances and the nature of injury, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to surrender before the learned Court below within a period of six weeks and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T